Précis: The Quebec Superior Court held that the provisions of the Quebec Civil Code could apply to extend the limitation period in the Athens Convention, although the court did not do so in the circumstances.
Full SummaryBuckley v. Buhlman, 2012 FCA 9
Précis: The Federal Court of Appeal upheld a decision of the Federal Court wherein it was determined that the limits of liability under the MLA applicable to “passengers” apply only to persons on board the ship seeking to limit liability.
Full SummaryLukacs v. United Airlines, 2009 MBCA 111
This was an application for leave to appeal a trial decision refusing general damages under Article 19 of the Montreal Convention for mental anguish and a missed opportunity resulting from a cancelled flight. The Court of Appeal denied leave on the basis that Article 19 of the Montreal Convention has been previously examined by appellate courts around the world and …
Full SummaryKotai v. The "Queen of the North", 2009 BCSC 1405
This was a preliminary decision in the class action arising out of the sinking of the “Queen of the North”. This decision assessed the damages of a representative sample of the plaintiffs who were passengers on the vessel at the time of the sinking. The most important aspect of the decision relates to the assessment of psychological injures allegedly suffered. …
Full Summary